Customs Enforcement of Intellectual Property Rights

In a global economy driven by innovation and brand equity, intellectual property (IP) stands as one of any company’s most valuable assets. At the same time, it faces persistent threats from counterfeiting and piracy, which not only result in direct financial losses but can also severely tarnish a rights holder’s reputation or jeopardize consumer safety. Customs authorities are at the forefront of protecting these intangible assets.

My firm specializes in this highly technical area of law, a niche field where only a handful of experts operate in Slovakia. With 14 years of legal practice and unique experience in drafting European legislation in Brussels, I offer clients a strategic advantage in safeguarding their innovations and intangible property.

I view intellectual property as an engine of progress. I am driven by the ability to successfully protect a client’s long-term work against counterfeiting or unauthorized use. Seeing the law effectively defend the value created by innovators is a deeply rewarding experience.

Unique Expertise in Slovak and European Contexts

The protection of intellectual property through customs authorities involves far more than simple border control. It is a complex process requiring a comprehensive understanding of both European and national regulations.

• Authorship of Expert Commentary: In 2019, I authored an expert commentary on the Act on the Enforcement of Intellectual Property Rights by Customs Authorities. This remains the first and only comprehensive legal analysis of this subject in Slovakia, covering protection both during import and within the domestic market (Link). 
• Brussels Experience: As a representative of the Slovak Republic, I participated in dozens of expert meetings at the European Commission in Brussels, where current customs legislation was formulated.
• EU Court of Justice Jurisprudence: I am a co-author of an analysis on the adjudicative activity of the Court of Justice of the EU (CJEU) regarding European customs law. This allows me to represent and defend my clients at the highest professional level (Link).
• Academic Article Authorship in Reputed Journals: (i) Justičná revue: Limitation of costs for calculating the early repayment of a mortgage (ii) Justičná revue: Several remarks on the holder of the goods and the declarant (iii) Duševné vlastníctvo: On certain aspects of the enforcement of intellectual property rights by customs authorities

Scope of Protection: From Borders to the Marketplace

Customs authorities in the Slovak Republic possess specific powers that extend beyond the traditional concept of border security. In accordance with Slovak and European law, they provide protection:

For Goods Under Customs Supervision: This applies to goods entering from third countries, where customs officers intervene directly at the moment the goods enter EU territory.

On the Domestic Market: A unique feature of Slovak regulation is the authority of customs officials to take action against goods infringing IP rights within the domestic market—including in warehouses, business operations, or marketplaces.

This dual protection model serves as a highly effective alternative to private law instruments, enabling state authorities to rapidly seize suspicious goods.

Comprehensive Services for Rights Holders

I provide full-scale administration of rights for holders of trademarks, patents, designs, and copyrights in their dealings with customs authorities:

• Applications for Action: I prepare and file applications for customs measures regarding goods under supervision and in the domestic market, including subsequent renewals.
• Communication and Process Management: I manage all communication with customs authorities following the seizure of suspicious goods. I also draft expert opinions regarding potential infringements and manage the process of consent or opposition regarding the destruction of goods.
• Cost and Damage Management: I represent clients in proceedings regarding the reimbursement of costs incurred by customs during enforcement and pursue claims for damages against infringers.
• Registration and Portfolio Management: I offer comprehensive IP management, including registration in relevant national and international registries.

Defense Against Unlawful Seizure of Goods

Legal practice often presents the opposite scenario: customs authorities seizing goods that do not actually infringe upon any IP rights. I provide protection against such unlawful interference for importers and owners:

• Representation for Unjustified Seizures: I defend owners in cases where seizures were based on incorrect assessments or the abuse of the protection system by competitors.
• Declaratory Actions: I draft and file actions to determine whether seized goods actually infringe upon an IP right, which is critical when an owner does not agree to the destruction of the property.
• Compensation Claims: If a seizure is found to be unlawful, I pursue compensation for damages incurred by the client due to delays, storage fees, or depreciation of the goods.

Why Partner with My Office?

Customs enforcement of IP rights is a "niche" area requiring a specialized blend of knowledge in international trade, customs procedures, and IP law. My practice is built on three pillars:

• Individual and Proactive Approach: I treat every client with respect for their specific needs, whether they are a multinational corporation or a local innovator.
• Language Proficiency: Due to my international background, I provide legal services in English and Spanish, which is essential in cross-border commerce.
• Procedural Certainty: As an author of professional legal texts and commentaries, I understand the procedural pitfalls that can determine the success or failure of your asset protection.

Protecting your innovations begins with the right strategy. Whether you need to establish preventive measures at EU borders or are currently facing a seizure, I am ready to provide expert legal assistance.